S.R. Singh, J. - (1.) HEARD Sri Janardan Sahai, learned counsel for the petitioner and Sri S.K. Verma, learned counsel for the 2nd respondent. Relying upon Full Bench decision of this Court in Ram Adhar Singh v. District Judge and others : 1985 AWC 246, Sri Janardan Sahai urged that the impugned order which according to the petitioner is in fact an order of inspection of ballot papers which ought not to have been passed except on proper consideration of the matter in the light of the Full Bench decision of this Court referred to above. Sri S.K. Verma, however, submitted that the impugned order by itself is not an order directing inspection of ballot papers or used voter list but it is simply an order summoning the papers referred to therein. In my opinion going by the tenor of the order it is evident that purpose of summoning the record referred to in the impugned order is nothing but inspection and recounting of the votes which ought not to have been done except on proper consideration of the question in the light of the Full Bench decision referred to above. It cannot be gainsaid that secrecy of ballot papers is to be maintained and cannot be violated except on grounds permissible in law. The impugned order, in my opinion does not satisfy the test laid down by the Full Bench for inspection and recounting of the ballot papers, hence it cannot be sustained.
(2.) ACCORDINGLY the writ petition succeeds and is allowed. The impugned order dated 29.1.1997 is quashed. The Revisional Court shall, however, have the liberty to pass a fresh order keeping in view the law of inspection and recount of ballot papers as laid down by the Full Bench of this Court in the case referred to above.;